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Item 8F v CITY OF ATLANTIC BEACH "'~ CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM # 8F NOVEMBER 13, 2006 AGENDA ITEM: Request for a Waiver from Land Development Regulations Parking Requirements SUBMITTED BY: Rick Carper, P.E., Public Works Director ~~ DATE: November 3, 2006 BACKGROUND: Land Development Regulations (LDR) Section 24-161(e)(1) requires "Parking spaces for residential uses shall be located on the same property with Principal Building to be served, where feasible." Applicant is requesting a waiver of this requirement to allow twenty-seven parking spaces along Ahern Street to extend five feet into the City right of way. " This site is undergoing substantial renovation, with existing two story apartments being converted to three story luxury condominiums. Additional parking to meet the two spaces per dwelling unit requirement is ~' being added in the rear. The approved building plans call for the eastern portion of the front parking spaces to be approximately two feet from the building wall. The purpose of the waiver request is to "enhance the proposed development" by providing additional distance between the street side parked vehicles to the buildings. RECOMMENDATION: Staff recommends disapproval of the waiver request. Applicant "" is requesting to use City right of way to enhance the value of his project. Because this is the first of several projects anticipated along Ahern and Sturdivant (Atlantic Beach Townhomes at Sherry & Ahern has already been ~' to the Tree Board), approval will set the standard for future redevelopment projects. ATTACHMENTS: 1) Waiver Request from John Davie, General Contractor, Via Mare LLC ~" 2) COAB Land Development Regulations, excerpts concerning residential parking requirements 3) Proposed Site Plan -Via Mare Condominiums -Ahern Street BUDGET: No budget issues. ~""' REVIEWED BY CITY MA AGER: ~_ ti~~#=~'- ~~ .~'::-n rS ~ ..~ ~~. r.~o.~ AGENDA ITEM # 8F NOVEMBER 13, 2006 API'~,ICATION FOR WAIVER FROM A PROVISION o~ ~sE z1ANn ~ ~ ~ rMErrr REGULA~oxs try of Ati~ Heac6 -800 $e~asis~ofe ltas~d - Atlsatla Hest, 5'io>rida 3xZ33 P6ou~: (904) 247-6 - t+'A1[ (904) Z47-6845 • ltltpJfwww~bss Date F81c Na R+eciipt 3ectio~ ?A-46 (d) pe~nosads ~ ~' Coiomiisstoa to sothorlae liumibed Watvns, on a cmo-b'-case b~is, tt+om s sped5'xe pis) of ttiese Lsomd Deveiupaieot R~oistioos whee it is de,toasttntted that tesetpiito~ee wititi saw provh~un(u) world be ~reasassbie, fm euaflict wins t6a pabHc iter~sk or s praetini irpo4s~ity. A Wair~ from t6aro Iamd Deft Rs,~alatfio~os ~ be spproved oiaiy upoe s~ sod eaase, atdd . ro that ao alt~cwative to s sp~'~c pr~a~dnts) of tisi: CLsptor s6aH 6e prs~vided, wiic6 e~sioxms to the ~duexal intxat sal of titae Law-d vevelop~t Rapl~una. In as>y regnast ~r s Wafver Sim. tiese Land bo~opn~aat R+e~l~aw, tLe tSdy Canmissla msy regnb+e conditisi~s as a~pproptiate to ensure that the iste~t of t~ Lard Developmost ie eaEoroed. A wafter stiaII sot mwdi~ aa,T rdtos+eaeatt or bea ss t sr$woa our suq- ragWiresaat or tea pt+sb~ibited s1- a vuiana, snd sbtall be eonsidee+ed ~ ie tatacs wbe~e+s atta~eartie s~dswiniitra4re praad~ m not sst for tie wtti~ the City Code of i. AppOna~s-Mace V l'A M~f~~' I ..i_.~, t}~t~~55A ~= N~ Z. Applinzt'sAddre~ 4. p toei~ioe ~`~~~~''~if~- ~1~tht S~F~'s A-'f~~_4a~~`a ~c.~t. ~ rrope~ wp~pwal'+eae's iteb s~aae N t~ /lo ? 9f'G - 8000 ~ e~re+et zo.it6 a _ ~ Z- 6 t~.pKiede ~. Fot.se Lwe~t ~e _T~m 'f. leegeaeed peoHdeM(a) tF+um wme.6 b sou~fia: - - . _ t ._ _ _ _ _ ~-. _ ~ _ _ . .~ . S. Sim~elPared ~-~r~. ~: 9 Qtgihlra~i~ _. ~._.~-fir i0. S~ea1e>.t o! [sob srd ~ special !lost tie t+egeesbed Wsii-+er, w~i dsmo~fos o~piisaoe .rifb Sew 24-46 (~ at the 7 asd Sabdivlsios a>~ Iaa>a Dersiopmuiost B,eBatstioas ~d Pfeae use ~ouad pspe ~ addrHCUa~i spsve ins eaede~ 4 r~i~i -_ _i 0 ~] w ~ -.x~-~~b i i ~ ~! hEFK~ P. 04 AGENDA ITEM # 8F ~i' P~O~Ott~OLO~IO~Ol11>sti0>b~ NOVEMBER 13, 2006 s. ~ b ~ ~ ~b ~ ~ a!' COe#p~y Or tiflQ CO~p~>h ~t rOCOtd appiia>.t ie aot the esaav, s lathe atUoa h+o~t tis a~re~ee(e) !be eppB~et to ~ awoar ioe aB purposes rebted to t~fs etlo~ e~ 6e b~ 9errelr a'd lepl desexipt~ ~ pxpp~ pro~iai. Rgtehea natober o~ copies tZI a- ~ Fea (1;150.00) I Y CERTIFY THAT AMY, -Tiort PROViDSD WiT11; Z~ APPLXCATION 19 COBRB(.'T: ~t•tr ~Oe' sO~1°*~ P~~ itowoer's ~e~hoe ias~a b ataecied: Prrted or t71 ~~(sk ADD1LgSS w1~PD t~'1'~1,CT i~DRMATIOPi ~cArivx xme: +i ~~ 011- ~ L-'Jl~.~~f~r,~ :•. ••; ~o ~c~newri voxa~rm~>ucwaunvc gars s ~ _ TOTAL P.84 ~. AGENDA ITEM # 8F NOVEMBER 13, 2006 John E. Davie, General Contractor L.L.C. Johndaviedesigns Via Mare Condominiums 331 Ahern Street Atlantic Beach, FL 32233 Re: Application for waiver from a provision of the land development regulations. The purpose of this application and proposed waiver from Section 24-46(d) is to enhance the above proposed development as follows. '~" Explanation of request and intent: • The requirement of Section 24-46 (d) is such that all vehicles shall be parked within the limits of their property. In this respect, the plans have been approved by The City of Atlantic Beach whereby vehicles will be parked within the site boundary; however their proximity to the front of the buildings will be 2 feet +/-. This is detracting to the buildings and to the occupiers. • It is proposed that parking of vehicles should be moved away from the „~ buildings by 5 feet. This, as seen from the proposed site plan intrudes into the right of way. • A five foot space between the edge of the parking and the street provides adequate pedestrian space between the vehicles and the street. • The buffer in front of the buildings will be landscaped, including the seven 10 foot wide islands which will contain landscaping, new street trees and •• lighting. • Parking spaces will be 20 feet long, by 10 feet wide in accordance with regulations. They are placed at right angles with Ahern Street. The ~* proposed five feet buffer between the parking and the street extends the full length of the development. • The parking meets the required two spaces for each condominium unit. ~"' • The increased landscaping buffer between the front of the vehicles and the front of the buildings will enhance the appearance of the development, with no effect on trafSc movement or parking capacity. An additional 6.5% of '"' pervious area is added to the development. • This proposed location of parking in front of Ahern Street has been in place since the construction of the original apartment units, in excess of Fifty years ~. ago. Vehicles have parked in precisely the same location as is proposed in this application. • The intention for the development of this portion of Ahern Street is to enhance the entire streetscape. Additional improvements include underground electrical service, telephone etc... • The parking spaces will be constructed with brick pavers including the right of way to the street. • Street lighting is proposed in the island to reflect a similar treatment as has ~.. been installed in the town center. AGENDA ITEM # 8F NOVEMBER 13, 2006 Sec. 24-46. City Commission. It shall be the responsibility of the City Commission to perform the following duties and responsibilities in accordance with this Chapter: (d) To authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver from these Land „ Development Regulations, the City Commission may require conditions as appropriate to ensure that the intent of these Land Development Regulations is enforced. A Waiver shall not modify any requirement or term customarily considered as a Variance or any requirement or term prohibited as a Variance, and shall be considered only in cases where alternative administrative procedures are not set for the within the City Code of Ordinances. Sec. 24-17 Defmitions Parking Space, Off-Street shall mean a space consisting of an area adequate for parking motor ~„ vehicles with room for opening doors on both sides, together with properly related access to a public Street or alley and maneuvering room, but located totally outside of any Street or alley Right-of--way. Width, depth and arrangement of Parking Spaces shall conform to the ~„ requirements of Section 24-161. Sec. 24-161.Off-Street Parking and Loading. (a) General. Required off-street vehicular parking spaces shall be provided at the time of the construction of any main Building for the Uses described in this Section. Parking areas shall be arranged for convenient access and safety of pedestrians and vehicles; shall be paved and adequately drained and maintained in a dustproof condition; shall provide barriers when located at the perimeter of the Lot to prevent encroachment onto adjacent property; and when lighted, lights shall be directed away from adjacent properties. Parking areas and driveways shall not obstruct stormwater, drainage swales, guttering, etc. Excess parking is strongly discouraged, and in no case shall the number of parking spaces exceed that required by this Section by ten (10) percent of that required. There shall be no sales, service or business activity of any kind within any parking area. (e) Location of required parking spaces: (1) Parking spaces for residential Uses shall be located on the same property with Principal Building to be served, where feasible. (g) Parking space requirements. (6) All residential Uses: Two (2) spaces per Dwelling Unit. Parking for residential uses shall be located within paved or stabilized driveways, Private Garages or carports or such areas intended for the day-to-day parking of vehicles. Vehicles shall not be routinely parked within grassed or landscaped areas of a residential Lot. Mechanical or other automotive repair work on any motor vehicle shall not be performed out-of--doors within any residential Zoning District, except for minor maintenance or emergency repair lasting less than eight (8) hours and performed on a vehicle owned by the occupant of the residential property. AGENDA ITEM # 8F NOVEMBER 13, 2006 ~_ _ ~ ` .~ z ,.. ~ ._ I Z i Z t Z v f _ ~ >- t ,. _ _ I ~ I „~'~ t ''~1 z 1 ~ ~ ~; ~, ~~. _z Gv z - , ~ ~ _~ ~ _ c , ~ ~.a~ N o w ~ ~ ~ 'ij:.~ i ~= c °~ < ~ J (I .~ ~ Jim __ ~ ~ i1 -- ,% ? l ~ -~? / ~ w -< - ~ '~~~~ z ~ ~~ .. ~~ :,~ ; < z = c- z~ r ~, ~ Z v K 1 ' _ '~ U C. t L P ~ ., z l ~ 3 z ~1 ~ x y ,: ~ ~ ~.! ~< - r t i _ ~~ ~ 4 .•~ ~ ~ i - ~ k C f' ~ ~ _ ~n J~ Q 1;: ~ :r _ :v ~ z I C// j t.. lY rv~ h / C i~ ~ 7 ~ ~ i P ~__ _z c ^.. ~ ~ ~ x ,' ° < 7 ~'` << = 4, r ~ 'J C .: .III ~.. t ' u: ~ t, ~I~ ~ t G ~ t`~T g ~QQ 4'' "'~ G~ I ~ 4 Z~,~ ~ ~ Ci I' ~ ~ E-' . ~. ~ ~ ~' u ~ ,. u~ <~ F J a ~' j ~ z :u i a' < G G